{"id":"river-murray-regulations-2017","name":"River Murray Regulations 2017","slug":"river-murray-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237099,"registerId":"sa-river-murray-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"River Murray Regulations 2017","content":"South Australia\nRiver Murray Regulations 2017\nunder the River Murray Act 2003\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tRiver Murray Protection Areas (section 4 of Act)\n5\tConsultation (section 9(2)(a) of Act)\n6\tApplications for warrants (section 14(7) of Act)\n7\tReferral of statutory instruments (section 22(2) of Act)\n8\tNotice requirement (section 22(6) of Act)\n9\tPrescribed circumstances (section 23(3) of Act)\n10\tPrescribed rate of interest (sections 25, 27 and 28 of Act)\n11\tPrescribed office (section 41(2)(a) of Act)\nSchedule 1—River Murray Protection Areas\nSchedule 2—Revocation of River Murray Regulations 2003\nLegislative history\n\n1—Short title\nThese regulations may be cited as the River Murray Regulations 2017.\n2—Commencement\nThese regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the River Murray Act 2003.\n4—River Murray Protection Areas (section 4 of Act)\n\t(1)\tThe 2 areas delineated in the plan deposited in the General Registry Office No 440/2003 are designated as River Murray Protection Areas for the purposes of the Act and any other Act.1\n\t(2)\tAs delineated in the plan, 1 area will be known as the River Murray Floodplain Area and the other area will be known as the River Murray Tributaries Area.1\nNote—\n1\tFor reference purposes, these areas are depicted in the map in Schedule 1.\n5—Consultation (section 9(2)(a) of Act)\n\t(1)\tSubject to subregulation (2), for the purposes of section 9(2)(a) of the Act—\n\t(a)\tthe following bodies are prescribed:\n\t(i)\tthe Local Government Association of South Australia;\n\t(ii)\tthe Murray and Mallee Local Government Association;\n\t(iii)\tthe Southern and Hills Local Government Association;\n\t(iv)\tthe South Australian Murray Darling Basin Natural Resources Management Board;\n\t(v)\tthe State Aboriginal Heritage Committee;\n\t(vi)\tthe Aboriginal Legal Rights Movement Inc.;\n\t(vii)\tSouth Australian Native Title Services;\n\t(viii)\tthe South East Natural Resources Management Board;\n\t(b)\tthe following circumstances are prescribed:\n\t(i)\tat the time that the Minister is undertaking a review of the Implementation Strategy;\n\t(ii)\tif the Minister is proposing a change to a River Murray Protection Area;\n\t(iii)\tif the Minister is proposing a change to the referrals to the Minister under Schedule 8 of the Development Regulations 2008.\n\t(2)\tIf or when the Minister is acting in the circumstances prescribed by subregulation (1)(b)(iii), the only prescribed bodies will be taken to be the bodies referred to in subregulation (1)(a)(i), (ii) and (iii).\n6—Applications for warrants (section 14(7) of Act)\n\t(1)\tThe grounds of an application for a warrant under section 14 of the Act made personally must be verified by affidavit.\n\t(2)\tIf an application for a warrant is made by telephone—\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify the position that he or she holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(c)\tif it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the magistrate; and\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n\t(3)\tA magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.\n7—Referral of statutory instruments (section 22(2) of Act)\nPursuant to section 22(2) of the Act, a plan of management prepared under section 38 of the National Parks and Wildlife Act 1972 that relates to a reserve located wholly or partly within the Murray-Darling Basin is a statutory instrument of a prescribed class and must, when being prepared or amended, be referred to the Minister under section 22 of the River Murray Act 2003 before public consultation in connection with the plan commences under section 38(3) of the National Parks and Wildlife Act 1972.\n8—Notice requirement (section 22(6) of Act)\nA notice issued under section 22(6) of the Act must—\n\t(a)\tbe served—\n\t(i)\ton the person who has applied for the relevant statutory authorisation; and\n\t(ii)\ton the authority to whom the application was made under the related operational Act; and\n\t(b)\tspecify the period of the extension.\n9—Prescribed circumstances (section 23(3) of Act)\nFor the purposes of section 23(3) of the Act, any circumstance involving the exercise of a statutory power by a public authority in an emergency situation is prescribed.\n10—Prescribed rate of interest (sections 25, 27 and 28 of Act)\n\t(1)\tFor the purposes of sections 25(5)(a), 27(5)(a) and 28(8)(a) of the Act, the prescribed rate of interest per annum on an unpaid amount will be the prime bank rate for any financial year for which the amount remains unpaid.\n\t(2)\tIn this regulation—\nprime bank rate for a particular financial year means the corporate loan reference rate applied by the Commonwealth Bank of Australia for corporate lending on the first trading day of the Bank in that financial year.\n11—Prescribed office (section 41(2)(a) of Act)\nFor the purposes of section 41(2)(a) of the Act, the principal office of the Minister's department is specified.\nSchedule 1—River Murray Protection Areas\n\nSchedule 2—Revocation of River Murray Regulations 2003\nThe River Murray Regulations 2003 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2017\n260\nGazette 22.8.2017 p3708 \n22.12.2017: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These Regulations replace the River Murray Regulations 2003 (Schedule 2) and update operational details: they formally designate two River Murray Protection Areas (reg 4, Schedule 1); prescribe who the Minister must consult and when (reg 5); set specific warrant application and magistrate procedures (reg 6); require referral of certain National Parks plan instruments to the Minister before public consultation (reg 7); prescribe notice, emergency, and interest-rate rules (regs 8, 9, 10); and specify the Minister's principal office (reg 11)."},"complexity_factors":["Cross-references to multiple other statutes and instruments (River Murray Act 2003, National Parks and Wildlife Act 1972, Development Regulations 2008) increase interpretive links (regs 3, 7).","Designation of geographic areas dependent on a deposited plan and map (plan No 440/2003; Schedule 1; reg 4) requires spatial verification against registry material.","Prescribed consultation bodies and circumscribed circumstances create administrative steps for the Minister (reg 5), with a narrower list when referrals under the Development Regulations are in play (reg 5(2)).","Detailed procedural rules for warrants, including telephone applications, required undertakings, and affidavit filing, impose specific proof and timing obligations on applicants and magistrates (reg 6).","Referral rule makes certain park management plans a prescribed class of statutory instrument and requires referral before public consultation, affecting plan timetables (reg 7).","Notice and service requirements for extensions require service on applicants and the related authority and specification of extension period (reg 8).","Prescribing emergency circumstances broadly (reg 9) delegates a wide class of events into expedited processes, which can affect review and oversight burdens.","Interest formula ties payable interest to an external, variable market rate (Commonwealth Bank corporate loan reference rate) creating a dynamic financial obligation for unpaid amounts (reg 10).","Revocation of the 2003 Regulations replaces prior regulatory settings and may require transitional administrative adjustments (Schedule 2)."],"plain_english_summary":"**These Regulations formally designate two River Murray Protection Areas and set procedures for consultation, warrants, referrals, notices, emergency exercise of powers, and interest on unpaid amounts (regs 4, 5, 6, 7, 8, 9, 10).** They affect the Minister, public authorities preparing plans, magistrates and warrant applicants, and people or entities owing amounts under the Act: the Minister must consult listed bodies in specified circumstances (reg 5), agencies must refer certain park plans to the Minister (reg 7), warrant applicants face affidavit verification (reg 6), and unpaid sums bear interest tied to the Commonwealth Bank corporate loan rate (reg 10)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the River Murray Act 2003. They address specific machinery provisions (consultation lists, warrant procedures, interest rates, office locations) without expanding into new policy areas. The 2017 version appears to be a straightforward remake of the 2003 regulations with updated organisational names and references, maintaining the same limited scope."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section, plus 1 local definition ('prime bank rate')","Straightforward structure with 11 regulations, each addressing a discrete operational matter","Minimal cross-referencing — most provisions reference only their parent Act section","Simple conditional logic limited to regulation 5 (consultation bodies vary by circumstance) and regulation 6 (telephone warrant procedure)","No nested exceptions or deeply layered subsections","Procedural rather than substantive — focuses on 'how to' rather than creating complex rights or obligations","Schedule 1 contains a map (not reproduced in text), which is standard for spatial regulations"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical details for how South Australia's **River Murray Act 2003** actually works on the ground. Think of the Act as the rulebook, and these regulations as the instruction manual.\n\n**Key things covered:**\n\n*   **Protection Areas:** Officially names and maps two protected zones — the **River Murray Floodplain Area** and the **River Murray Tributaries Area** — where special environmental rules apply.\n*   **Who gets consulted:** Lists exactly which organisations must be consulted when the Minister reviews the river management strategy or proposes changes to protection areas. This includes local government associations, Aboriginal heritage bodies, and natural resources management boards.\n*   **Warrant rules:** Sets out how inspectors can get warrants to enter property — including emergency phone applications where a magistrate can issue a warrant verbally if the inspector promises to file paperwork later.\n*   **Park management plans:** Requires that any management plans for national parks in the Murray-Darling Basin must be sent to the River Murray Minister before public consultation starts.\n*   **Interest on unpaid fees:** Sets the interest rate for late payments at the Commonwealth Bank's corporate loan rate.\n*   **Office location:** Specifies where official documents should be sent.\n\n**Who it affects:**\n\n*   Landholders and farmers in the River Murray Protection Areas\n*   Local councils and natural resources management boards\n*   Aboriginal heritage groups and native title organisations\n*   Government inspectors enforcing the Act\n*   Anyone applying for development approvals or park management plans in the region\n\n**Why it matters:**\n\nThese regulations put teeth into South Australia's commitment to protect the Murray River system. They ensure the right people are consulted about changes, create clear processes for enforcement (including emergency powers), and make sure environmental management plans for national parks align with broader river protection goals. Without these details, the main Act couldn't function effectively."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the full text of the legislation was not retrievable. No comparison between original intent and enacted provisions is possible based on the available content."},"complexity_factors":["No substantive legislative text was retrievable — the source URL returned a 404/Page Not Found error","Cannot assess true complexity without access to the actual provisions","Score of 2 reflects only the minimal structural inference possible from the title and known parent Act, not any actual regulatory content","River Murray water law is inherently complex due to multi-jurisdictional overlap (SA, NSW, VIC, QLD, ACT, Commonwealth), but this cannot be confirmed from the available content"],"plain_english_summary":"The River Murray Regulations 2017 (SA) — text currently unavailable due to a site migration — are delegated rules made under the River Murray Act 2003 that govern water access, use, environmental flows and penalties for the River Murray. They affect farmers, irrigators, local communities, Indigenous peoples and environmental managers; retrieve the instrument from the SA legislation site, the Office of Parliamentary Counsel, or the Government Gazette."}},"importantCases":[],"_links":{"self":"/api/acts/river-murray-regulations-2017","history":"/api/acts/river-murray-regulations-2017/history","analysis":"/api/acts/river-murray-regulations-2017/analysis","conflicts":"/api/acts/river-murray-regulations-2017/conflicts","importantCases":"/api/acts/river-murray-regulations-2017/important-cases","documents":"/api/acts/river-murray-regulations-2017/documents"}}